152

Claims No. 152 to 157 Wm. Sumner Nov 4
Peter Richmond sworn, deposed I arrived at these Islands
about 22 years ago. I came from Taunton Massts. US. I have been
at Honolulu about 18 years at work as a carpenter. I have
known Mr. Sumner ever since I have been here. In old times
there used to be a high stick fence running along the ground
where Kekauonohis stone house is built; and commenced at
Doctor Judds inland fence and running inland of the stone
House, near the line of the street, the fence ran up beyond the
well which is on the premises of Kekauonohi; and comprised
the houses about as far up as where the native straw house
stands. I do not know how far the back fence extended. I can-
-not [cannot] say whether there was any crop fence or not. Some of [?]
Sumners people lived in the large Native house there. I do
not recollect when the lane was opened, there used to be a pa[?]
there; I cannot say whether the straw house was built by [?]
Sumner. The place where the young Chiefs school is was [?]
by Kainaina. About 1837 or 8 the main street was opene[?]
which intersects at right angles the street where Genl. Milla[?]
resides, and the street which passes in front of the Palace.
About the time the street was opened Mr Sumner built a
mud wall from the street above described running easterly.
The same wall stands there at the present time, which is the
Mauka wall. At the time of the building of the wall
[Text in Margin: Register Pge 123, Peter Richmond, Description of old boundaries, Occupation of Native house, Old path, Owner of Chiefs school Place, Main St. made, Mud wall made same time fr. W to E]
109
1846
the straw house was down. I believe the path has been a thorough
-fare [thoroughfare] during 10 years past. I cannot say whether it was ever laid
out for a street or road, or by common consent that people passed
over it. I knew Mr. Sumner a short time after my arrival
here, and have always understood that the land where he lived
belonged to him; not only that, but all that was included where
the stick fence ran. Mr. Palmer was one who told me so.
I have heard that Mr. Pitt Applied to Mr. Sumner for permission
to make a pathway which now leads up to the young Chiefs
place. I have heard people say so, among the Natives I can[?]
say who, but I have heard often of it. I have heard Cap Sumner
six or eight years past often claim the ground.
(Note). Mr. Lea states the present to be a verbal grant, depend-
ing [depending] on the occupancy.
(deposition continued) I have lived the first two years after my
arrival here at the Fort; and afterwards with Jack Crowne.
I have no connection with the Parties, I have never lived with
Captain Sumner, I could not point out to the Surveyor where the
fence ran within twenty or thirty feet; but I am sure it ran as
far as the stone house. I could not say how deep the land was
from east to west, but it was wider than Mr. Sumners present
Premises. I do not know of any Natives living on the ground
at that time. I do not know who built the stick Fence.
Kaniua
Kaniu commenced building the Stone House upon the ground
about three years ago. I do not know if Mr. Sumner opposed
any objections to the building of it. I never heard any thing of
it. I do not know whether Mr. Sumner ever occupied the
land since he built the mauka wall. I do not know whether
he ever paid any taxes on it. I do not know who planted the
sugar cane on the land.
Kauwila sworn deposed I have been wife of Mr. Sumner
until about the time of the arrival of letters (about 1820)
[Text in Margin: [?] open 10 [?], [?] knowledge of W. S., [?] of extent of [?] [?], Regarding the [?] of the [?] [?] W. S. often [?] the ground, [?] state [?] of the b[?] the claim, Witness's history [?], [?] [?] stick fence [?], [?] [?] E to W, [?]egardg. [?] [?], [?] [?], Occupancy erection of residence [?], Sug. cane, [?], [?]auwila, Witness ceasing to be [?] Wife 1820]
110
I do not know at what time Mr. Sumner took possession of
his present premises, it was long before Karaimoku built his
great yard. The place of Mr. Sumner was not given him by
any person, it was an unoccupied place, and he went of his
own accord and built there with the knowledge of the chiefs.
He built a fence around his premises, it commenced near
Doctor Judds Premises and ran up along the street. When
Karaimoku was sick he asked of Mr. Sumner a pathway
for him to go out through his yard and Mr. Sumner gave his
consent to have the two parts seperated by the path. At that period
we were living on the mauka side of the pathway. I had
another husband at that time, and we were all living there
together - our two families. Mr. Sumner built the house
where we with my husband lived. My husband with M
Sumner dug the well. I left the place at the time Lot [?]
born in 1831 or 2. At that time Keliaunohi sent us [?]
The wall was built before I left. I do not know on what gro[?]
Keliaunohi sent me away. I considered him as my chief. [?]
was a servant of his chamberlain. There was no place to [?]
after, I left. The house was taken down, and Mr Sumner
took possession of the materials & contents timbers, boards,
abashes [?] and when I came back I found them in Mr. [?]
1836
premises. I was at Maui when Nahienaina died, and
I came back I found them on Mr. Sumner's yard. There
wall at that time. I moved all the materials & contents of
house through my women. Puhie was the man who di[?]
at my orders. Mr. Sumner was away at the time. The [?]
of Kekauonohi immediately occupied the land at the [?]
-moval of the house. The name of the occupant was P[?]
Mr. Sumner built the house and the fence for me.
Uilani sworn deposed I am living in the house of
I have been acquainted with Mr. Sumner from my Child
[Text in Margin: [?] of fort occupancy, Right of [?], [?] of fence direction, use of the pathway, [?] [?]ation at that [?]land of it, [?] built the house, who dug the well, When witness left the Place, Who banished [?], Witness's capacity, Particulars about the house and materials after her return from Maui, Concerng. a Wall and moving the house materials, [?] when Kekauonohi first occupied [?], Uilani]
112
1846
111
When [?] I knew him he was living down here in the village
At that time the place where he is now living was entirely vacant.
He went perhaps of his own accord and selected the place.
When he went there to live, he fenced in his premises with sticks
The boundaries on the mountain side were just back of a well.
The boundary on the western side, was about where the road
now runs. The sea boundary was somewhere within Dr.
Judds yard, but was gradually removed at the request of Kinau
until it reached the place where it now is. On the eastern side
it extended into what was subsequently the yard of Karai-
moku [Karaimoku], he requested permission to extend his premises into Mr.
Sumners yard and obtained it. The space thus granted was
considerable. There was no interior division of the land at that
time. There was no fence at the time Karaimoku was living.
I think that lane has been existing 10 years. I think Mr. Sumner
has not occupied any ground mauka of that lane since the wall
was built. I do not know the reason of Mr. Sumners giving up
that place. After he built that wall, his own people no longer
lived on the other side, but went and lived in his own enclosure
I do not know any thing relating to his tearing down the house
I knew of Kauwila living there. I was absent when she left
the premises, and do not know precisely when it was. When
Nahineana [sic] [Nahienaena] died, Kauwila had left the Premises, which was
in 1836. I remember the house in which Kauwila lived. Mr.
Sumner built the house. I heard Mr. Sumner say that Karai-
moku [Karaimoku] asked him for a pathway at the time Lord Byron was
here.
Same claim continued. Novr 24
Robert Boyd. sworn deposed, I have lived on the Islands
24 years. I am an englishman by birth. I knew Mr. Sumner
112
about 3 weeks after my arrival living where he now does dur[?]
that time. The Premises are bounded on the South East by
Palace Yard on North East by a Narrow lane, on North West
by a broad street, on South West by the premises of Dr. Judd
Those were not the former boundary. There were houses on
the lot when I went to live with him in 1822. There is no house
now standing that was then. I was absent when the house in
which he now lives was built. It was built previous to 1837
There was a thatch house in which he then lived, near the
site of his present house, when I first knew him. There was a
plastered mud house on the right hand side of the entrance
to his then residence, which he used as a store house. That
entrance was where his gate now is. There was a stick fence
on the street side, as early as 1822. That fence commenced
at the premises of Dr. Judd, and ran in land about North
East along the street, and ended a little farther than the
alley, about 40 or 50 feet. On the North east side there was
no fence. There was a stick fence on Dr. Judds side S.W.
There was a fence on the Palace side S. E. Mr. Sumner
had no building beyond the lane except the well that I
know of. The land on the N. E. side beyond the alley
where the well is was open to any one to build upon it,
at that time, Mr. Sumner could not have opposed any
one at that time building on that vacant space to the N. E.
if the Chief had given his consent to any one building there
and even Mr. Sumner would have required the aid of a
Chief to sustain him in building there. The present lane
was then a pathway. Before 1837 when I went [?]
there existed the present mud Wall which bounds on N.
the premises now in Mr. Sumners occupation. I do not
know why Mr. Sumner built the wall, except to enclose
his natural boundaries. It would be possible in some
113
1846
cases, in enclosing a piece of land, that I might leave some
of it out, but it would not be natural. About the well
there was a small thatch house in land of it, and a man
living in it named Powell. I asked him where he lived
he said with Cap Sumner or by him, I do not remember
which. I did not know Kauwila. There was no other house
on that side, and no one living there that I know of.
In 1822 the whole block was an entire plain, including
the palace Dr. Judds Mr. Sumners present residence &
the land in dispute. In 1837 there were several persons
living on the block in different parts, the Governor Kinau
Mr. Sumner and some natives were living in different
parts of the same block. I should think there might be
about 15 acres on it. I cannot say that in 1822 any one
could take possession of land as they chose, but he must
have the sanction of a Chief. If a foreigner he would make
friends with some Chief, and ask him to build a house for
him, and give him so much money. The chief might ask
the person so requesting where he would have it, by your
pointing out the place, he knows whether he can build these
better than the person who asks for it. At that early day it
was the usage to enclose as much of the land as the
Applicant saw fit and could pay for, the more he could
pay for the better the chief would be pleased. There were
no Purchasers at that time in 1822 in foreign understand-
-ing [understanding]. The money was given to enable the chief to build
the house for the applicant. In fact Boki was very
angry with me on having understood that I drew up
a paper for selling land by Mr. Kilday to someone else.
Mr. Boyd says it was understood by me from Boki that
when he sold land, he only sold the privilege of the
stand and improvements. I think natives did not ever
114
practice at that day, selling the right of occupation and
the improvements. I do not think until the passage of the
present laws in creating this Board, the Natives ever
enjoyed that right at all.
An enclosure at that day constituted a circumscribing
fence or wall. In 1837 I took notice that everyone was
very careful to get all they could, because there were in-
-stances [instances] of several places being sold on valuation in
that day - (Not the land, but the privileges of the site and
improvements.) I myself sold some at that time with
the consent of the King. (not the land, but the privileges
of the site and improvements.) People began long before
that time to enclose their fences, owing to the enhanced
value of land. I do not know whether Mr. Sumner
gave any thing for the land. He used to navigate for
the chiefs, and I suppose that circumstance formed
the basis of his possession of the land. I never heard that
Mr. Sumner ever objected to any improvements that have
been made by others on the land inland of the present
wall, except very recently that I heard from Mr. Sumner
himself.
Mr. Boyd being asked to give his candid opinion in
view of what he knew of the ancient usages of 1822 &
1837 and which existed until new provisions were made
by the new laws in 1846; also in view of the situation
and facts of the entire premises claimed by Mr. Sumner
replied as follows. I consider the land extending
from the lane on the North East, to Mr. Judds premises
on the South West, and from the street on the North West
to the Palace grounds on the South East which Mr.
Sumner enclosed by a Wall, to be all he claimed because
he enclosed it. I would suppose that the Walls in[?]
-ted
115
1846
as much as that he did not claim any more. I do not
know whether Mr. Sumner has claimed any Propietorship
or exerted any rights since 1837 beyond those boundaries
John I. I. sworn deposed
I was acquainted with the prem
-ises [premises] of Mr. Sumner previous to 1820. I cannot positively
testify, but I think he took possession of the place in 1816
or 1817 the time of the Russians. I was at the time at
Hawaii myself. About 1823 Kalaimoku built a
large fence alongside of it. The fence extended clear from
Chapel St. toward the mountain to Back Street in which
General Miller and Judge Andrews live. I know about
1825, but I am not certain of the precise date a fence ran from
Dr. Judds premises to the path which led into Kalaimoku's yard
I know also there was another fence extended along the same
line till it passed the house occupied by Kauwila and her Hus-
-band [Husband] Hokio, nearly to Back Street, then turning at right
angles and running to the fence of Kalaimoku before men-
-tioned, including the ground now occupied by Genl Miller &
Judge Andrews. It is not clear to me there was a fence on the
mountain side, diverging from the stick fence already described
but in my opinion the yard extended clear up to Back Street
including houses occupied by the people of Keoua.
I know also that the lane upon which Mr. Sumners premises
now abut was then a travelled footpath, and was fenced in
on both sides (a short stick fence) the same width as it is at
present or thereabouts. I know nothing who built the fences
around this yard, but I know Mr Sumner was living
where he is now living.
[Text in Margin: John I. I., When Cl. first occupied, fence made by Karaimoku, [?] direction and Extent, fence in 1825, Its course and extent, Concerning the house]
Same Claim Continued ed Decr. 1
Mrs. Grimes - sworn - deposed - The yard was completely surround
116
by a stick fence, The fence on the N. E. side was a little inland
from the house of Kauwila. I do not know any thing about Keoua
mentioned by Mr. I. I. There was a well, and I do not remember
more than one house on that spot, and that was occupied by
Kauwila. There was a small path between that and the hous[?]
occupied by Mr. Sumner Kauwila's entrance to her yard was
from the street on the N. W. side. Some time after Mr. Sumner
went there, there were some houses and one was occupied by a
Foreigner. When Kauwila was sent away I was not here.
At the time of Kalaimoku I was here and I went away sub
-sequently [subsequently] about the early part of 1826.
David Lyons sworn deposed I have been here 45 years
I have known Mr. Sumner 24 years, he lived where he now
does. The place was a plain and everyone was allowed to
build where they chose in those days. He enclosed that place
all round with a stick fence. It ran almost down to Dr.
Judds, it was much where it is now on the road side, and
was close to the well, near where the fence of the road now
is which passes Gen.l Millers and Mr. Andrews. Kauwilas
husband planted a garden in the yard. There was no path
at that time where the lane now is. There was only one house
at that time in the Yard and Hokio and his wife lived there
Cap.n Sumner gave Hokio property to build it with. Hokio
belonged to Kinau. I do not know how long Kauwila lived
in the house, nor why she left it. I do not know when
Kalaimoku built his fence, nor where it ran, he built it a
great way out. I do not know when Mr. Sumner built his
mud wall, but I believe it was when they were making the
great road. The little lane was made when Kalaimoku
was taken bad with the dropsy when Lord Byron was here
Mr. Sumner has had nothing to do with the Land on the
mountain side of the path since it was made. There have
117
1846
been a great many different people living on that land since
Kalaimoku pulled down his large fence. It was at the request
of Lord Byron that Mr. Sumner made the pathway which
now exists. Mr. Sumner told me all that ground belonged
to him, because any one could take at that time all they
could enclose.
Kilua sworn deposed I am the brother of Kauwila. I
now live at Puuloa. I just knew Mr. Sumner in the time
of Rihoriho, he then lived where he now does I do not know
who gave him the place; he enclosed it with a fence. The
boundary fence on the S.W. was in Dr. Judds yard. On the
road side it was in what is now the Road. The fence on the
N. E. was at some distance towards the sea from the street
passing by Gen.l Millers. The path where the lane now is was
not then existing; it was begun in the sickness of Kalaimoku
The reason of its being made was at the request of Kalaimoku
that his servants bringing the food, might have easy access.
At that time, my sister, her husband, myself and Mother
lived together in that yard. That house stood near to the
path made by Kalaimoku. There was no other fence near
our well was in front of our house, we dug it ourselves but
had aid from Mr. Sumners men; the house was Mr. Sumners
We with the help of his men took it down, and built it again
the thatch afterwards failed, and we ourselves rethatched it.
My sister left the place after the death of Boki, before the
death of Nahinaina [sic] [Nahienaena]. I went in 1826 to Puuloa. I do
not know the reason of my Sisters leaving. We went to live
Mr. Sumners yard; and when we were living there
[?] garden produce was not safe for we stole it, and on that
[?] Mr. Sumner said to my sister, I will furnish you
[?] sticks, and you put up a fence on the mountain side
[?] fence was on the mountain side of the present lane, and
118
was built some time before the death of Kalaimoku.
The rights of Mr. Sumner in that yard after the fence
was built, consisted in his having placed his former
wife there. His men worked with us afterwards in pre-
paring [preparing] the ground for irrigation. I do not know who
occupied the yard after my sister left. I have heard
nothing said of Mr. Sumners rights since Nahinainas
death, but I have heard talk of the manner of our former
living in it. I do now know who has had the manage-
-ment [management] of the yard since Nahinahinas death. My sister
now lives at Puuloa. We did not consider ourselves as
owning the yard, but as tenants of Mr. Sumner
I have no knowledge of Kekauonohi's living in the same
yard with my sister. When Kauwila married her new
husband I was at Puuloa, and did not hear of it. I
never heard any thing about her being turned away from
the place, till after the death of Maihele (-44 or -5) when
she requested me to take her in. After the death of
Kinau, (Father of Kekauonohi) we considered ourselves
the people of Kekauonohi.
Kapanui sworn deposed. I am Uncle to Mr. Sum[?]
wife. I am living on Mr. Sumners land at Kaholal[?]
I knew Mr. Sumner while Kamehameha 1s was a [?]
he was then living in the same yard where he now [?]
at that time the place was a common, and he too [?]
up, and was the only person living on it, and [?]
surrounded it entirely with a fence, which sto[?]
in what is now Dr. Judds yard. On N. W. [?]
now the road. On the mountain side it ran [?] at
the end of the houses in Mr. Andrews yard. [?]
Servants of Mr. Sumner, all lived in that yard [?] no
others. I do not know who lived outside of [?] on
119
1846
the N. E. There was formerly no lane where the present path
is, but when Kalaimoku was sick, it was made for his
accomodation. The cross fence was made while Kalaimoku
was living, it was a stick fence.
[Text in Margin: Mrs. Grimes, Concerning the Fence, Well & House, The Path, Entrance to Kauwilas, Houses [?] Foreigner, When present [?] away [?], D. Lyons, Form, Character of the Land [?], Course & extent of the fence, No Path at that time inland, only one house, who lived in it, Conerng Hookio, Kinau & Kauwila, Karaimoku Fence, [?] Walk, Pathway, Inland side boundary [?] when, Course of the Path way, Mr Sumner [?] & claims, Kilua, Fence its former course and extent, The Path, When made, Reason of it being made, who lived in the Yard, [?], Reason making the Fence in land, Rights of Mr Sumner, Kapanui, The place a common in former time, Fence Its course & extent, Who lived in the [?], No Lane where the path now is, Why made, When made the crop fence]

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Claims No. 152 to 157 Wm. Sumner Nov 4
Peter Richmond sworn, deposed I arrived at these Islands
about 22 years ago. I came from Taunton Massts. US. I have been
at Honolulu about 18 years at work as a carpenter. I have
known Mr. Sumner ever since I have been here. In old times
there used to be a high stick fence running along the ground
where Kekauonohis stone house is built; and commenced at
Doctor Judds inland fence and running inland of the stone
House, near the line of the street, the fence ran up beyond the
well which is on the premises of Kekauonohi; and comprised
the houses about as far up as where the native straw house
stands. I do not know how far the back fence extended. I can-
-not [cannot] say whether there was any crop fence or not. Some of [?]
Sumners people lived in the large Native house there. I do
not recollect when the lane was opened, there used to be a pa[?]
there; I cannot say whether the straw house was built by [?]
Sumner. The place where the young Chiefs school is was [?]
by Kainaina. About 1837 or 8 the main street was opene[?]
which intersects at right angles the street where Genl. Milla[?]
resides, and the street which passes in front of the Palace.
About the time the street was opened Mr Sumner built a
mud wall from the street above described running easterly.
The same wall stands there at the present time, which is the
Mauka wall. At the time of the building of the wall
[Text in Margin: Register Pge 123, Peter Richmond, Description of old boundaries, Occupation of Native house, Old path, Owner of Chiefs school Place, Main St. made, Mud wall made same time fr. W to E]
109
1846
the straw house was down. I believe the path has been a thorough
-fare [thoroughfare] during 10 years past. I cannot say whether it was ever laid
out for a street or road, or by common consent that people passed
over it. I knew Mr. Sumner a short time after my arrival
here, and have always understood that the land where he lived
belonged to him; not only that, but all that was included where
the stick fence ran. Mr. Palmer was one who told me so.
I have heard that Mr. Pitt Applied to Mr. Sumner for permission
to make a pathway which now leads up to the young Chiefs
place. I have heard people say so, among the Natives I can[?]
say who, but I have heard often of it. I have heard Cap Sumner
six or eight years past often claim the ground.
(Note). Mr. Lea states the present to be a verbal grant, depend-
ing [depending] on the occupancy.
(deposition continued) I have lived the first two years after my
arrival here at the Fort; and afterwards with Jack Crowne.
I have no connection with the Parties, I have never lived with
Captain Sumner, I could not point out to the Surveyor where the
fence ran within twenty or thirty feet; but I am sure it ran as
far as the stone house. I could not say how deep the land was
from east to west, but it was wider than Mr. Sumners present
Premises. I do not know of any Natives living on the ground
at that time. I do not know who built the stick Fence.
Kaniua
Kaniu commenced building the Stone House upon the ground
about three years ago. I do not know if Mr. Sumner opposed
any objections to the building of it. I never heard any thing of
it. I do not know whether Mr. Sumner ever occupied the
land since he built the mauka wall. I do not know whether
he ever paid any taxes on it. I do not know who planted the
sugar cane on the land.
Kauwila sworn deposed I have been wife of Mr. Sumner
until about the time of the arrival of letters (about 1820)
[Text in Margin: [?] open 10 [?], [?] knowledge of W. S., [?] of extent of [?] [?], Regarding the [?] of the [?] [?] W. S. often [?] the ground, [?] state [?] of the b[?] the claim, Witness's history [?], [?] [?] stick fence [?], [?] [?] E to W, [?]egardg. [?] [?], [?] [?], Occupancy erection of residence [?], Sug. cane, [?], [?]auwila, Witness ceasing to be [?] Wife 1820]
110
I do not know at what time Mr. Sumner took possession of
his present premises, it was long before Karaimoku built his
great yard. The place of Mr. Sumner was not given him by
any person, it was an unoccupied place, and he went of his
own accord and built there with the knowledge of the chiefs.
He built a fence around his premises, it commenced near
Doctor Judds Premises and ran up along the street. When
Karaimoku was sick he asked of Mr. Sumner a pathway
for him to go out through his yard and Mr. Sumner gave his
consent to have the two parts seperated by the path. At that period
we were living on the mauka side of the pathway. I had
another husband at that time, and we were all living there
together - our two families. Mr. Sumner built the house
where we with my husband lived. My husband with M
Sumner dug the well. I left the place at the time Lot [?]
born in 1831 or 2. At that time Keliaunohi sent us [?]
The wall was built before I left. I do not know on what gro[?]
Keliaunohi sent me away. I considered him as my chief. [?]
was a servant of his chamberlain. There was no place to [?]
after, I left. The house was taken down, and Mr Sumner
took possession of the materials & contents timbers, boards,
abashes [?] and when I came back I found them in Mr. [?]
1836
premises. I was at Maui when Nahienaina died, and
I came back I found them on Mr. Sumner's yard. There
wall at that time. I moved all the materials & contents of
house through my women. Puhie was the man who di[?]
at my orders. Mr. Sumner was away at the time. The [?]
of Kekauonohi immediately occupied the land at the [?]
-moval of the house. The name of the occupant was P[?]
Mr. Sumner built the house and the fence for me.
Uilani sworn deposed I am living in the house of
I have been acquainted with Mr. Sumner from my Child
[Text in Margin: [?] of fort occupancy, Right of [?], [?] of fence direction, use of the pathway, [?] [?]ation at that [?]land of it, [?] built the house, who dug the well, When witness left the Place, Who banished [?], Witness's capacity, Particulars about the house and materials after her return from Maui, Concerng. a Wall and moving the house materials, [?] when Kekauonohi first occupied [?], Uilani]
112
1846
111
When [?] I knew him he was living down here in the village
At that time the place where he is now living was entirely vacant.
He went perhaps of his own accord and selected the place.
When he went there to live, he fenced in his premises with sticks
The boundaries on the mountain side were just back of a well.
The boundary on the western side, was about where the road
now runs. The sea boundary was somewhere within Dr.
Judds yard, but was gradually removed at the request of Kinau
until it reached the place where it now is. On the eastern side
it extended into what was subsequently the yard of Karai-
moku [Karaimoku], he requested permission to extend his premises into Mr.
Sumners yard and obtained it. The space thus granted was
considerable. There was no interior division of the land at that
time. There was no fence at the time Karaimoku was living.
I think that lane has been existing 10 years. I think Mr. Sumner
has not occupied any ground mauka of that lane since the wall
was built. I do not know the reason of Mr. Sumners giving up
that place. After he built that wall, his own people no longer
lived on the other side, but went and lived in his own enclosure
I do not know any thing relating to his tearing down the house
I knew of Kauwila living there. I was absent when she left
the premises, and do not know precisely when it was. When
Nahineana [sic] [Nahienaena] died, Kauwila had left the Premises, which was
in 1836. I remember the house in which Kauwila lived. Mr.
Sumner built the house. I heard Mr. Sumner say that Karai-
moku [Karaimoku] asked him for a pathway at the time Lord Byron was
here.
Same claim continued. Novr 24
Robert Boyd. sworn deposed, I have lived on the Islands
24 years. I am an englishman by birth. I knew Mr. Sumner
112
about 3 weeks after my arrival living where he now does dur[?]
that time. The Premises are bounded on the South East by
Palace Yard on North East by a Narrow lane, on North West
by a broad street, on South West by the premises of Dr. Judd
Those were not the former boundary. There were houses on
the lot when I went to live with him in 1822. There is no house
now standing that was then. I was absent when the house in
which he now lives was built. It was built previous to 1837
There was a thatch house in which he then lived, near the
site of his present house, when I first knew him. There was a
plastered mud house on the right hand side of the entrance
to his then residence, which he used as a store house. That
entrance was where his gate now is. There was a stick fence
on the street side, as early as 1822. That fence commenced
at the premises of Dr. Judd, and ran in land about North
East along the street, and ended a little farther than the
alley, about 40 or 50 feet. On the North east side there was
no fence. There was a stick fence on Dr. Judds side S.W.
There was a fence on the Palace side S. E. Mr. Sumner
had no building beyond the lane except the well that I
know of. The land on the N. E. side beyond the alley
where the well is was open to any one to build upon it,
at that time, Mr. Sumner could not have opposed any
one at that time building on that vacant space to the N. E.
if the Chief had given his consent to any one building there
and even Mr. Sumner would have required the aid of a
Chief to sustain him in building there. The present lane
was then a pathway. Before 1837 when I went [?]
there existed the present mud Wall which bounds on N.
the premises now in Mr. Sumners occupation. I do not
know why Mr. Sumner built the wall, except to enclose
his natural boundaries. It would be possible in some
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1846
cases, in enclosing a piece of land, that I might leave some
of it out, but it would not be natural. About the well
there was a small thatch house in land of it, and a man
living in it named Powell. I asked him where he lived
he said with Cap Sumner or by him, I do not remember
which. I did not know Kauwila. There was no other house
on that side, and no one living there that I know of.
In 1822 the whole block was an entire plain, including
the palace Dr. Judds Mr. Sumners present residence &
the land in dispute. In 1837 there were several persons
living on the block in different parts, the Governor Kinau
Mr. Sumner and some natives were living in different
parts of the same block. I should think there might be
about 15 acres on it. I cannot say that in 1822 any one
could take possession of land as they chose, but he must
have the sanction of a Chief. If a foreigner he would make
friends with some Chief, and ask him to build a house for
him, and give him so much money. The chief might ask
the person so requesting where he would have it, by your
pointing out the place, he knows whether he can build these
better than the person who asks for it. At that early day it
was the usage to enclose as much of the land as the
Applicant saw fit and could pay for, the more he could
pay for the better the chief would be pleased. There were
no Purchasers at that time in 1822 in foreign understand-
-ing [understanding]. The money was given to enable the chief to build
the house for the applicant. In fact Boki was very
angry with me on having understood that I drew up
a paper for selling land by Mr. Kilday to someone else.
Mr. Boyd says it was understood by me from Boki that
when he sold land, he only sold the privilege of the
stand and improvements. I think natives did not ever
114
practice at that day, selling the right of occupation and
the improvements. I do not think until the passage of the
present laws in creating this Board, the Natives ever
enjoyed that right at all.
An enclosure at that day constituted a circumscribing
fence or wall. In 1837 I took notice that everyone was
very careful to get all they could, because there were in-
-stances [instances] of several places being sold on valuation in
that day - (Not the land, but the privileges of the site and
improvements.) I myself sold some at that time with
the consent of the King. (not the land, but the privileges
of the site and improvements.) People began long before
that time to enclose their fences, owing to the enhanced
value of land. I do not know whether Mr. Sumner
gave any thing for the land. He used to navigate for
the chiefs, and I suppose that circumstance formed
the basis of his possession of the land. I never heard that
Mr. Sumner ever objected to any improvements that have
been made by others on the land inland of the present
wall, except very recently that I heard from Mr. Sumner
himself.
Mr. Boyd being asked to give his candid opinion in
view of what he knew of the ancient usages of 1822 &
1837 and which existed until new provisions were made
by the new laws in 1846; also in view of the situation
and facts of the entire premises claimed by Mr. Sumner
replied as follows. I consider the land extending
from the lane on the North East, to Mr. Judds premises
on the South West, and from the street on the North West
to the Palace grounds on the South East which Mr.
Sumner enclosed by a Wall, to be all he claimed because
he enclosed it. I would suppose that the Walls in[?]
-ted
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1846
as much as that he did not claim any more. I do not
know whether Mr. Sumner has claimed any Propietorship
or exerted any rights since 1837 beyond those boundaries
John I. I. sworn deposed
I was acquainted with the prem
-ises [premises] of Mr. Sumner previous to 1820. I cannot positively
testify, but I think he took possession of the place in 1816
or 1817 the time of the Russians. I was at the time at
Hawaii myself. About 1823 Kalaimoku built a
large fence alongside of it. The fence extended clear from
Chapel St. toward the mountain to Back Street in which
General Miller and Judge Andrews live. I know about
1825, but I am not certain of the precise date a fence ran from
Dr. Judds premises to the path which led into Kalaimoku's yard
I know also there was another fence extended along the same
line till it passed the house occupied by Kauwila and her Hus-
-band [Husband] Hokio, nearly to Back Street, then turning at right
angles and running to the fence of Kalaimoku before men-
-tioned, including the ground now occupied by Genl Miller &
Judge Andrews. It is not clear to me there was a fence on the
mountain side, diverging from the stick fence already described
but in my opinion the yard extended clear up to Back Street
including houses occupied by the people of Keoua.
I know also that the lane upon which Mr. Sumners premises
now abut was then a travelled footpath, and was fenced in
on both sides (a short stick fence) the same width as it is at
present or thereabouts. I know nothing who built the fences
around this yard, but I know Mr Sumner was living
where he is now living.
[Text in Margin: John I. I., When Cl. first occupied, fence made by Karaimoku, [?] direction and Extent, fence in 1825, Its course and extent, Concerning the house]
Same Claim Continued ed Decr. 1
Mrs. Grimes - sworn - deposed - The yard was completely surround
116
by a stick fence, The fence on the N. E. side was a little inland
from the house of Kauwila. I do not know any thing about Keoua
mentioned by Mr. I. I. There was a well, and I do not remember
more than one house on that spot, and that was occupied by
Kauwila. There was a small path between that and the hous[?]
occupied by Mr. Sumner Kauwila's entrance to her yard was
from the street on the N. W. side. Some time after Mr. Sumner
went there, there were some houses and one was occupied by a
Foreigner. When Kauwila was sent away I was not here.
At the time of Kalaimoku I was here and I went away sub
-sequently [subsequently] about the early part of 1826.
David Lyons sworn deposed I have been here 45 years
I have known Mr. Sumner 24 years, he lived where he now
does. The place was a plain and everyone was allowed to
build where they chose in those days. He enclosed that place
all round with a stick fence. It ran almost down to Dr.
Judds, it was much where it is now on the road side, and
was close to the well, near where the fence of the road now
is which passes Gen.l Millers and Mr. Andrews. Kauwilas
husband planted a garden in the yard. There was no path
at that time where the lane now is. There was only one house
at that time in the Yard and Hokio and his wife lived there
Cap.n Sumner gave Hokio property to build it with. Hokio
belonged to Kinau. I do not know how long Kauwila lived
in the house, nor why she left it. I do not know when
Kalaimoku built his fence, nor where it ran, he built it a
great way out. I do not know when Mr. Sumner built his
mud wall, but I believe it was when they were making the
great road. The little lane was made when Kalaimoku
was taken bad with the dropsy when Lord Byron was here
Mr. Sumner has had nothing to do with the Land on the
mountain side of the path since it was made. There have
117
1846
been a great many different people living on that land since
Kalaimoku pulled down his large fence. It was at the request
of Lord Byron that Mr. Sumner made the pathway which
now exists. Mr. Sumner told me all that ground belonged
to him, because any one could take at that time all they
could enclose.
Kilua sworn deposed I am the brother of Kauwila. I
now live at Puuloa. I just knew Mr. Sumner in the time
of Rihoriho, he then lived where he now does I do not know
who gave him the place; he enclosed it with a fence. The
boundary fence on the S.W. was in Dr. Judds yard. On the
road side it was in what is now the Road. The fence on the
N. E. was at some distance towards the sea from the street
passing by Gen.l Millers. The path where the lane now is was
not then existing; it was begun in the sickness of Kalaimoku
The reason of its being made was at the request of Kalaimoku
that his servants bringing the food, might have easy access.
At that time, my sister, her husband, myself and Mother
lived together in that yard. That house stood near to the
path made by Kalaimoku. There was no other fence near
our well was in front of our house, we dug it ourselves but
had aid from Mr. Sumners men; the house was Mr. Sumners
We with the help of his men took it down, and built it again
the thatch afterwards failed, and we ourselves rethatched it.
My sister left the place after the death of Boki, before the
death of Nahinaina [sic] [Nahienaena]. I went in 1826 to Puuloa. I do
not know the reason of my Sisters leaving. We went to live
Mr. Sumners yard; and when we were living there
[?] garden produce was not safe for we stole it, and on that
[?] Mr. Sumner said to my sister, I will furnish you
[?] sticks, and you put up a fence on the mountain side
[?] fence was on the mountain side of the present lane, and
118
was built some time before the death of Kalaimoku.
The rights of Mr. Sumner in that yard after the fence
was built, consisted in his having placed his former
wife there. His men worked with us afterwards in pre-
paring [preparing] the ground for irrigation. I do not know who
occupied the yard after my sister left. I have heard
nothing said of Mr. Sumners rights since Nahinainas
death, but I have heard talk of the manner of our former
living in it. I do now know who has had the manage-
-ment [management] of the yard since Nahinahinas death. My sister
now lives at Puuloa. We did not consider ourselves as
owning the yard, but as tenants of Mr. Sumner
I have no knowledge of Kekauonohi's living in the same
yard with my sister. When Kauwila married her new
husband I was at Puuloa, and did not hear of it. I
never heard any thing about her being turned away from
the place, till after the death of Maihele (-44 or -5) when
she requested me to take her in. After the death of
Kinau, (Father of Kekauonohi) we considered ourselves
the people of Kekauonohi.
Kapanui sworn deposed. I am Uncle to Mr. Sum[?]
wife. I am living on Mr. Sumners land at Kaholal[?]
I knew Mr. Sumner while Kamehameha 1s was a [?]
he was then living in the same yard where he now [?]
at that time the place was a common, and he too [?]
up, and was the only person living on it, and [?]
surrounded it entirely with a fence, which sto[?]
in what is now Dr. Judds yard. On N. W. [?]
now the road. On the mountain side it ran [?] at
the end of the houses in Mr. Andrews yard. [?]
Servants of Mr. Sumner, all lived in that yard [?] no
others. I do not know who lived outside of [?] on
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1846
the N. E. There was formerly no lane where the present path
is, but when Kalaimoku was sick, it was made for his
accomodation. The cross fence was made while Kalaimoku
was living, it was a stick fence.
[Text in Margin: Mrs. Grimes, Concerning the Fence, Well & House, The Path, Entrance to Kauwilas, Houses [?] Foreigner, When present [?] away [?], D. Lyons, Form, Character of the Land [?], Course & extent of the fence, No Path at that time inland, only one house, who lived in it, Conerng Hookio, Kinau & Kauwila, Karaimoku Fence, [?] Walk, Pathway, Inland side boundary [?] when, Course of the Path way, Mr Sumner [?] & claims, Kilua, Fence its former course and extent, The Path, When made, Reason of it being made, who lived in the Yard, [?], Reason making the Fence in land, Rights of Mr Sumner, Kapanui, The place a common in former time, Fence Its course & extent, Who lived in the [?], No Lane where the path now is, Why made, When made the crop fence]